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Category Archives: Privileges

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Bankruptcy, Corporate Criminal Investigations and Waiver of the Attorney-Client Privilege

Posted in Privileges

An excellent article from Legal Times, “Dead Companies Can Tell Tales,” examines how the attorney-client privilege in a corporate context survives the bankruptcy or receivership of the corporation. The article concludes that prosecutors possess considerable freedom to seek privileged information. The article references the “Filip Memorandum,” which was a revision by Deputy AG Mark Filip… Continue Reading

Former U.S. Attorneys Come Out in Favor of Strengthened Corporate Attorney-Client Privilege

Posted in Privileges

    Thirty-three former United States Attorneys have sent a letter to Senate Judiciary Committee Chairman Patrick Leahy urging passage of the Attorney-Client Privilege Protection Act of 2007, which is currently under review by the Committee, according to the Fulton County Daily Report. The bill would prohibit government investigators from demanding that corporations waive its attorney-client… Continue Reading